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Law 360 Media & Entertainment Nov 15 ’23

WEDNESDAY, NOVEMBER 15, 2023

TOP NEWS

FILE – Former President Donald Trump listens during his civil fraud trial at the State Supreme Court building in New York, Wednesday, Oct. 4, 2023. An accountant who prepared Donald Trump’s financial statements has finished his testimony after four days on the witness stand in the New York civil trial examining whether the former president exaggerated his wealth. Trump himself didn’t attend the proceedings Thursday. (Jeenah Moon/The New York Times via AP, Pool, File)
TOP NEWS

Trump’s Valuation Defense Takes Shape In Civil Fraud Trial
By Stewart Bishop
Counsel for Donald Trump on Tuesday leaned into a defense about how he valued his assets, in the trial over New York Attorney General Letitia James’ claims that the former president and others defrauded banks and insurers by lying about his net worth, as an accounting expert testified there are several legitimate valuation methods that can produce “wildly” different results.Read full article » | Save to favorites

»Google CEO Denies App Store Monopoly In Epic Games Trial
By Bonnie Eslinger
Google CEO Sundar Pichai took the stand Tuesday in a California federal trial over claims the tech giant unlawfully monopolizes the app store market, contending his company competes “fiercely” with Apple while also confirming that it pays Apple 36% of the search revenue it generates on iPhones.Read full article » | Save to favorites

»Fox Aimed To ‘Purge’ Anti-Trump News Staffers, Suit Says
By Henrik Nilsson
A former Fox News reporter says the network wrongly fired him for speaking out against its reporting on the 2020 presidential election and the Jan. 6, 2021, riot, according to a suit removed to U.S. District Court for the District of Columbia on Monday. 2 documents attached | Read full article » | Save to favorites

»Ex-Fla. Museum Director Countersues In Fake Basquiat Saga
By Henrik Nilsson
The former executive director of a Florida art museum raided by the FBI for allegedly showcasing forged Jean-Michel Basquiat paintings countersued the institution Tuesday, saying the museum’s August lawsuit is a bid to scapegoat him in the art world scandal. 1 document attached | Read full article » | Save to favorites

»Tort Report: Kiss Sued Over Guitar Tech’s COVID Death
By Y. Peter KangA suit accusing legendary rock band Kiss of causing a guitar technician’s death from coronavirus and the verdict in a Hollywood staffer’s spy camera case lead Law360’s Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.Read full article » | Save to favorites »

PRIVACY & CONSUMER PROTECTION

Philadelphia Inquirer Can’t Dodge Facebook Data Sharing SuitBy Allison Grande
A Pennsylvania federal judge has rejected the Philadelphia Inquirer’s bid to strike a consolidated proposed class action accusing it of unlawfully sharing information about subscribers’ video viewing habits with Meta Platforms Inc., finding the plaintiffs had pled sufficient facts at this juncture to support their federal privacy and state wiretapping law claims.  Order attached | Read full article » | Save to favorites »

COMPETITION

FTC Tells 9th Circ. That Microsoft Gets Standards All Wrong
By Bryan Koenig
Microsoft’s defense of its since-closed purchase of Activision is couched in the wrong legal standards, the Federal Trade Commission told the Ninth Circuit, arguing the district judge who rejected its initial challenge should have preserved the status quo for the FTC’s in-house proceedings. Brief attached | Read full article » | Save to favorites »

SECURITIES & WHITE COLLAR

Trump-Tied SPAC Shows Losses As Parties Vow To Save Deal
By Tom Zanki
The special-purpose acquisition company seeking to acquire and take public former President Donald Trump’s social media platform has revealed that Truth Social lost $23 million in the first half of 2023 and needs fresh funding in order to survive, new filings show.Read full article » | Save to favorites

»Investors Denied Class Cert. In Robinhood Meme Stock Suit
By Sarah Jarvis
A Miami federal judge has refused to certify a class of investors in so-called meme stocks who alleged they were hurt when trading platform Robinhood suspended purchases of those stocks to avoid a purported liquidity problem, finding the investors failed to show that common issues predominate their claims. Order attached | Read full article » | Save to favorites »

TELECOMMUNICATIONS

Senate Republicans Want FCC Anti-Discrimination Plan Nixed
By Christopher Cole
Over half of U.S. Senate Republicans urged the Federal Communications Commission to rescind a draft order set for a vote Wednesday to prevent discrimination in broadband deployment, saying what the FCC has proposed would hand “control over nearly every aspect of the internet” to the government. Letter attached | Read full article » | Save to favorites »
FCC Proposes School, Library Cybersecurity Program
By Christopher Cole
Following up on an initiative launched this summer, the Federal Communications Commission has formally proposed creating a pilot program to gather data on services schools and libraries need to fend off cyberattacks. Proposed Rule attached | Read full article » | Save to favorites »

FOOD & BEVERAGE

Diageo Gets Pause In Diddy Racism Suit
By Jared Foretek
A New York appeals court agreed to pause Sean “Diddy” Combs’ racial discrimination suit against Diageo while the multinational liquor company appeals a lower court ruling on its motion for arbitration. Order attached | Read full article » | Save to favorites »

INSURANCE

Ozy CEO Spars With Ford O’Brien Over Insurance Proceeds
By Emily Enfinger
Ozy Media’s CEO urged a California federal court to reconsider its decision to allow a New York law firm to intervene in a coverage dispute and recover legal fees relating to its defense of the company in underlying litigation, saying it could harm his defense in an upcoming trial. 2 documents attached | Read full article » | Save to favorites »

SPORTS & BETTING

Judge Gives Last 2 Pac-12 Schools Control Of Conference
By Greg Lamm
Washington State and Oregon State universities, the last schools remaining in the Pacific-12 Conference starting next year, won a preliminary injunction in a Washington state court Tuesday giving them full control of the conference’s governance and assets. 3 documents attached | Read full article » | Save to favorites »

Chicago Bears Rookie Drops NIL Suit Amid Arbitration Push
By Alex Lawson
Chicago Bears rookie Gervon Dexter on Tuesday dropped his suit against an investment group that he had accused of scamming him in a name, image and likeness rights deal while he was enrolled at the University of Florida, after the company had pushed to arbitrate the dispute. 2 documents attached | Read full article » | Save to favorites »

BANKRUPTCY

TV Azteca Ch. 11 Mediation Ends Without Deal On Notes
By Vince Sullivan
Bankrupt Spanish-language television producer TV Azteca told a New York judge Tuesday that its mediation with holders of its 2024 notes ended this week after two months of negotiations without a restructuring deal. Statement attached | Read full article » | Save to favorites »

EXPERT ANALYSIS

General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek. Read full article » | Save to favorites »

Series
ESG Around The World: South Korea
Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.Read full article » | Save to favorites »

LEGAL INDUSTRY

Muslim Bar Groups Say Law Firms Have Stoked Islamophobia
By Madison Arnold
The National Association of Muslim Lawyers, the American Muslim Bar Association and regional Muslim bar groups have blasted law firms for being “one-sided” in regard to the war in Israel and Gaza, accusing firms of adding to the environment of Islamophobia and anti-Arab sentiment and saying some legal professionals are “afraid to reveal their heritage.” Letter attached | Read full article » | Save to favorites »

3 Stroock Partners Land At Squire Patton Boggs’ DC Office
By Jack Rodgers
A trio of former partners and practice leaders from Stroock & Stroock & Lavan LLP, which announced last month it would dissolve, have moved to Squire Patton Boggs LLP, the firm announced Tuesday.Read full article » | Save to favorites »

Sidley Taps 3 Ex-Paul Weiss Partners For M&A Practice In NY
By Craig CloughSidley Austin LLP announced recently that it boosted its New York office with the addition of three partners with expertise in mergers and acquisitions and private equity. Read full article » | Save to favorites »

Buchanan Ingersoll Combines With Pennsylvania IP Boutique
By James BoyleAn increased need for integrated intellectual property services has led Philadelphia-based boutique firm RatnerPrestia to join with Buchanan Ingersoll & Rooney PC’s wider platform in 2024.Read full article » | Save to favorites »

Asian Pacific American Bar Inducts Phillips Lytle Atty As Prez
By Jack RodgersPhillips Lytle
LLP has announced that a longtime partner who focuses her practice on data security, privacy, e-discovery and related issues has been inducted as the next president of the National Asian Pacific American Bar Association.Read full article » | Save to favorites »

ABA Shines Spotlight On 3 Champions Of LGBT Causes
By Chart RiggallThe American Bar Association is honoring three longtime advocates for LGBT rights in the legal community in February with its annual Stonewall Award.Read full article » | Save to favorites »

Calif. Bar Sells San Francisco Headquarters For $54M
By Brandon Lowrey
The State Bar of California has sold its San Francisco headquarters for $54 million, giving the cash-strapped agency some breathing room, the agency said Tuesday.Read full article » | Save to favorites »

Gibson Dunn Is The Latest Firm To Tout Saudi Arabia Launch
By Andrea KeckleyAfter a year’s worth of expansion in the Persian Gulf region, Gibson Dunn & Crutcher LLP announced Tuesday that it’s becoming the latest of a growing number of firms to launch in Saudi Arabia.
Read full article » | Save to favorites »

Fla. Bar Committee Proposes Generative AI Ethics Guidelines
By Sarah MartinsonA Florida Bar ethics committee earlier this week issued proposed guidelines for how attorneys can ethically use generative artificial intelligence — systems that produce written and visual content — in their legal work.Read full article » | Save to favorites »

5th Circ. Nixes La. Bar Assoc.’s Pride, Student Loan Posts 
By Chart Riggall
The Louisiana State Bar Association’s speech on public-facing platforms that promotes attorney wellness, student debt relief, LGBT pride and other topics is not germane to the practice of law, a Fifth Circuit panel held. Opinion attached | Read full article » | Save to favorites »

Former McElroy Deutsch CFO Faces Criminal Probes In NJ
By Emily Sawicki
The former chief financial officer of McElroy Deutsch Mulvaney & Carpenter LLP is facing criminal investigations by state and federal prosecutors amid a New Jersey civil suit accusing him and his wife, another past executive at the firm, of stealing more than $3 million from the firm, his lawyers have reported. 2 documents attached | Read full article » | Save to favorites »Democrats

Applaud High Court Ethics Code, But Want MoreBy Courtney BubléMany key Democrats have applauded the U.S. Supreme Court’s first-ever code of conduct, unveiled Monday, saying that it’s a good start, but that legislation might be needed so it can be enforced. Meanwhile, Republicans said they were satisfied and glad the high court came up with a code on its own.Read full article » | Save to favorites »House Dems Seek Judicial Noms With Antitrust BackgroundBy Courtney BubléA group of House Democrats, including the top Democrat on the House Judiciary Committee, are urging the White House Counsel’s Office to incorporate antitrust and competition questions in its vetting process for judicial nominees as the White House implements its aggressive competition agenda. Letter attached | Read full article » | Save to favorites »Texas Judge Defers Ch. 11 Rulings Pending Recusal HearingBy Rick ArcherThe Texas bankruptcy judge overseeing the Chapter 11 case of a hand sanitizer company said Tuesday that he would defer decisions about claims against the company pending the outcome of a recusal request due to his working relationship with former U.S. Bankruptcy Judge David R. Jones. 2 documents attached | Read full article » | Save to favorites »Hagens Berman Head Defends Pro Hac Vice Bid In PayPal SuitBy Jake MaherProminent plaintiffs attorney Steven Berman of Hagens Berman Sobol Shapiro LLP denied abusing the pro hac vice system in the Northern District of California this week as he defended his bid to appear in a proposed class action against PayPal. Brief attached | Read full article » | Save to favorites »Trump’s ‘Long History’ Of Threats Necessitates Gag, Feds SayBy Lauren BergFederal prosecutors urged the D.C. Circuit on Tuesday to uphold a gag order preventing Donald Trump from harassing or intimidating witnesses as part of his criminal conspiracy and obstruction case over the 2020 election, saying the former president’s “long history” of verbally attacking adversaries threatens the integrity of the trial. 1 document attached | Read full article » | Save to favorites »Ga. Trump Trial Likely To Wrap After 2024 Election, ​​​​​​​Willis SaysBy Craig CloughFulton County District Attorney Fani T. Willis said Tuesday that former President Donald Trump’s upcoming trial for allegedly interfering with the 2020 election in Georgia will likely not conclude until early 2025 — after the upcoming presidential election, in which Trump is the Republican front-runner. Read full article » | Save to favorites »NYU Accused Of Fostering ‘Hostile Antisemitic’ CampusBy Lauren BergThree Jewish students accused New York University in a Manhattan federal lawsuit Tuesday of fostering a “hostile antisemitic educational environment” by refusing to enforce its anti-discrimination policies, forcing the students to “run a campus gauntlet” of verbal and physical threats since the Hamas-led killings in Israel on Oct. 7. Complaint attached | Read full article » | Save to favorites »Ex-Palm GC Says Steakhouse Chain Fired Her Over RaceBy Aaron WestPalm Management’s former general counsel has said in a federal lawsuit that the famous steakhouse chain discriminated against her because she is Black and ultimately pushed her out of her position at the company after she was diagnosed with lung cancer. Complaint attached | Read full article » | Save to favorites »Prosecutors Stay Mum On Rumored Leonard Leo InvestigationBy Katie BuehlerDistrict of Columbia Attorney General Brian Schwalb will not share information with top House Republicans about his office’s reported investigation into longtime Federalist Society executive Leonard Leo and his network of nonprofits, saying doing so could compromise an investigation that the office refuses to confirm or deny exists. Letter attached | Read full article » | Save to favorites »Judge Won’t Halt Discovery In Texas AG Whistleblower CaseBy Catherine MarfinFour of Texas Attorney General Ken Paxton’s former senior staffers are free to conduct discovery in their Austin whistleblower lawsuit after a state court judge on Tuesday denied a request to enjoin the ex-aides from moving forward with their 2020 case.Read full article » | Save to favorites »NC Courthouse Statue Extols White Supremacy, Panel ToldBy Hayley FowlerA state law barring the removal of historic monuments doesn’t protect a North Carolina county from claims that its continued upkeep of a Confederate statue outside the local courthouse is unconstitutional, a three-judge appellate panel heard Tuesday.Read full article » | Save to favorites »​​​​​​​Judges Sue Michigan County Over Courthouse Closure PlanBy Danielle FergusonGenesee County, Michigan, judges asked an appellate court Monday to stop county leaders from closing all but one of the courthouses in the district, saying the plan to consolidate operations in Flint usurps the court’s authority to decide where it sits. 2 documents attached | Read full article » | Save to favorites »NC Law Firm Wants Insurance Coverage For Phishing HackBy Rachel RippetoeA North Carolina real estate firm is suing its insurance carrier, saying in a complaint moved Monday to North Carolina federal court that its policy should pay for its legal defense after a hacker broke into its system and sent a phishing email that resulted in closing counsel wiring a six-figure sum to the hacker’s bank account. Complaint attached | Read full article » | Save to favorites »

COMPANIES IN TODAY’S NEWSAMC Entertainment Holdings Inc.Activision Blizzard Inc.Amazon.com Inc.American Airlines Group Inc.American Bar AssociationAmerican Bar FoundationAmerican Economic Liberties ProjectAnkura Consulting Group LLCApple Inc.Big League Advance Inc.Cable News Network Inc.Chicago Bears Citadel Securities LLCClear Blue Specialty Insurance Co.Cornell UniversityDell Technologies Inc.Diageo PLCEpic Games Inc.Federalist SocietyFordham UniversityFox News Network LLCGameStop Corp.Google LLCJohns Hopkins UniversityKimberly-Clark Corp.Landry’s Restaurants Inc.LinkedIn Corp.Live Nation Entertainment Inc.Louisiana State Bar AssociationMarriott International Inc.Match Group LLCMazars LLPMeta Platforms Inc.Microsoft Corp.National Association for the Advancement of Colored PeopleNational Collegiate Athletic AssociationNew York UniversityOregon State BarPac-12 Enterprises LLCPaypal Holdings Inc.PricewaterhouseCoopers LLPReddit Inc.SK Holdings CompanySorrento Therapeutics Inc.Starbucks Corp.State Bar of CaliforniaState Bar of MichiganThe Bank of New York Mellon Corp.The Florida BarThe New York Times Co.The Philadelphia Inquirer LLCTrump Organization Inc.Twitter Inc.Ubisoft Entertainment SAVenmo LLCWashington Post Co.Witkoff GroupeBay Inc.LAW FIRMS IN TODAY’S NEWSAkerman LLPAkin GumpAllen & OveryBarclay DamonBlack HelterlineBuchanan IngersollCadwalader WickershamCain & SkarnulisCenter for Constitutional LitigationContinental PLLCCranfill SumnerCravath SwaineCrowell & MoringDeShazo & NesbittDechert LLPDelahunty & EdelmanDentonsDykemaEllenoff GrossmanFaegre DrinkerFilippatos PLLCFord O’BrienFox RothschildGevurtz MenasheGibbons PCGibson DunnGoldenberg SchneiderGoosmann RoseGordon TildenHabba MadaioHagens BermanHedrick GardnerHogan LovellsHoguet NewmanHueston HenniganHunton AndrewsJackson Walker LLPK&L GatesKaplan HeckerKasowitz BensonKeker Van Nest & PetersKirkland & EllisKlaproth LawLewis BrisboisLockridge GrindalMarino TortorellaMcElroy DeutschMorgan LewisMorian LawMunger TollesNelson MullinsPaul HastingsPaul WeissPaynter Law FirmPhelps DunbarPhillips LytleRatnerPrestiaRiverside LawRobert & Robert PLLCRosen Law Firm PAScott & CorleySidley AustinSkadden ArpsSpector RosemanSquire PattonStanley ReuterSteptoe & Johnson LLPStroock & StroockTeague CampbellThompson CoburnTin FultonTressler LLPTroutman PepperWalker and PattersonWeil GotshalWilkinson StekloffWilmerHaleWilson ElserWomble BondWorley & PeltzGOVERNMENT AGENCIES IN TODAY’S NEWSCommittee on Foreign Investment in the United StatesEuropean UnionExecutive Office of the PresidentFederal Bureau of InvestigationFederal Communications CommissionFederal Trade CommissionGenesee County, MichiganInternal Revenue ServiceInternational Chamber of CommerceKorea Fair Trade CommissionNew Jersey Attorney General’s OfficeNew York Attorney General’s OfficeQueens District Attorney’s OfficeTexas Attorney General’s OfficeTexas Department of Housing and Community AffairsTexas LegislatureTexas Supreme CourtU.S. Attorney’s Office for the District of New JerseyU.S. Bankruptcy Court for the Southern District of New YorkU.S. Court of Appeals for the Fifth CircuitU.S. Court of Appeals for the Ninth CircuitU.S. Department of DefenseU.S. Department of EducationU.S. Department of JusticeU.S. Department of StateU.S. District Court for the District of ColumbiaU.S. District Court for the Eastern District of PennsylvaniaU.S. District Court for the Northern District of CaliforniaU.S. District Court for the Northern District of FloridaU.S. District Court for the Southern District of FloridaU.S. District Court for the Southern District of New YorkU.S. House of RepresentativesU.S. Securities and Exchange CommissionU.S. SenateU.S. Supreme CourtWashington Attorney General’s Office 

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